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Resisting Police and Resisting Arrest in NSW

Resisting Police and Resisting Arrest in NSW

Resisting police and/or resisting arrest is a serious criminal charge that carries a maximum sentence of 12 months imprisonment.

It is unfortunately not uncommon for us to see people charged with this offence, when interactions with the police go awry.

Some things can obviously amount to resisting arrest – like attempting to run away from police who are trying to arrest you – but other, less significant actions can constitute resisting the police too, such as struggling whilst police are trying to hand cuff you, or simply tensing your arms to make it difficult for the police to cuff you.

So what should you do if you think the police should not be arresting you?

Firstly – don’t resist. Be polite and follow the police officer’s directions – even if you think they are in the wrong. There is no point escalating the situation.

Secondly, remember you have a right to silence. You should give the police your name and ID but politely decline to answer any other questions.

Thirdly – call your lawyer. If the police have done something wrong – your lawyer is the one who is going to be able to help walk you through what to do, and when.

Armstrong Legal are ready to assist you in these matters, please call on 1300 168 676.

Image Credit – spaxia ©

Written by Angela Cooney on November 6, 2019

Angela is able to assist clients with all criminal offences such as assaults, drug charges, traffic matters, theft, break and enters, firearms, sexual offences and apprehended violence orders. Angela is an experienced Court advocate having appeared in the Local and District Court, the Court of Criminal Appeal as well as in Federal jurisdictions in a multitude of matters, including complex strictly indictable trials. View Angela's profile

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